Tow operator caught on CCTV stealing phones from car he was seizing
A Qld father of four has escaped a prison term after his own work truck’s security cameras exposed him stealing phones from a car he was meant to tow.
A tow truck operator was caught on his own work vehicle’s CCTV stealing mobile phones from a car he was required to seize before attempting to sell them.
The same security footage showed the driver not wearing a seatbelt and twice using a mobile phone while driving.
Shane Edward Peter Mitchell appeared in Mackay Magistrates Court and pleaded guilty to five charges, including one count each of attempting fraud and stealing by clerks and servants.
The latter charge holds a maximum sentence of 10 years behind bars.
The court heard Mr Mitchell was employed by the company to retrieve cars seized by police when he went inside one of the cars on June 20 and stole the mobile phones.
A day later, Mr Mitchell was unaware that he was also being recorded while attempting to sell one of the phones to an unknown person for $199.
During the investigation, police seized Mr Mitchell and his wife’s phones but found no other signs of criminal activity.
His lawyer, Nick Coughlan, from Aboriginal and Torres Strait Islander Legal Services, said his client had been earning a good wage with the Mackay towing company but was still suffering financially at the time of the offending.
The 46-year-old father of four had a relevant and poor criminal history which Acting Magistrate Nigel Rees said was littered with dishonesty offences.
It had been five years since Mr Mitchell appeared before a court and up to seven years since committing a dishonesty offence.
Mr Rees told Mr Mitchell, who was supported by his wife in the court room, to count his lucky stars given he was close to being handed a custodial sentence.
Instead, Mr Rees took into account the fact Mr Mitchell had assisted police with investigations and entered an early plea.
“I have no doubt she will be hoping that you will stay out of trouble for the rest of your life because you’ve got a family to support, you’ve got responsibilities and you can’t do that from inside prison,” he said
“You were very close today, very close.
“I hope you keep your fingers to yourself and you use your hands for the work they’re designed for, not dishonesty.”
Mr Mitchell was fined a total of $3753 for the traffic charges and received a six-month prison sentence for stealing, wholly suspended for 18 months.
A conviction was recorded.
